Can I request an expungement if I’ve been charged with a crime I shouldn’t have ever been charged with?

Can I request the courts to expunge an
arrest and charge from my record if I
can prove that due to an oversight on
their part I shouldn’t have ever been
charged with a crime?

Asked on January 20, 2019 under Criminal Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

In your state, you can expunge a charge if it was a non-felony and also one of the following applies as well:
1) It was dismissed with prejudice;
2) The grand jury returned a "no bill";
3) You were found not guilty; or 
4) The charge was dismissed without prejudice more than two years ago and has not since been refiled, and you've not committed any crimes during the past two years.
Also, non-violent felonies can be expunged under the same circumstances as above (though #4 requirees five years, not two) or
5) The charge was dismissed after you completed some court-ordered diversion program, and a year has passed since the dismissal with no other crimes.
If you believe you meet one of the criteria above, you can seek expungement. Here is a link you may find helpful:

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.